DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
Claim(s) 1—20 have been examined in this application. This communication is a Final Rejection in response to Applicant’s “Remarks” filed 07/02/2026.
Claim Rejections - 35 USC § 112
The rejections of Claims 8, 16 & 20 under 35 U.S.C. 112(b) has been withdrawn in view of the claims amendments.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 4, 6—10, 12, 14—20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2018/0360227 A1 to Martin (Martin hereafter) in view of U.S Patent 6,539,565 B1 to Trimble et. al (Trimble hereafter).
As per claim 1, Martin teaches:
A cover comprising: a fabric substrate (100 &102-Fig.1; para [0064]) comprising
a top surface (annotated Fig. 3: top surface), a foot portion (annotated Fig. 3:foot portion), a first side portion, and a second side portion (annotated Fig. 3: first & second side portion), wherein:
at least a portion of a first edge of the foot portion is stitched or sewn together with at least a portion of a first edge of the first side portion (126 & 132-Fig.3; para [0061]);
at least a portion of a second edge of the foot portion is stitched or sewn together with at least a portion of a first edge of the second side portion (126 & 132-Fig.3; para [0061]);
at least a portion of a first edge of the head portion of the cover is stitched or sewn together with an outer edge of the first side portion (144-Fig.3 para [0061]) and at least a portion of a second edge of the head portion is stitched or sewn together with an outer edge of the second side portion (138-Fig.3 para [0061]).
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Martin does not teach: at least a portion of a head portion of the cover is disposed along a bottom surface of the fabric substrate to retain the at least a portion of the head portion disposed along the bottom surface of the fabric substrate; and at least a portion of a top edge of the head portion is not stitched or sewn to the fabric substrate.
Trimble teaches at least a portion of a head portion of the cover is disposed along a bottom surface of the fabric substrate (14—Fig.2; Col 4 Lines 1—11) to retain the at least a portion of the head portion disposed along the bottom surface of the fabric substrate (Col 4 Lines 1—11); and at least a portion of a top edge of the head portion is not stitched or sewn to the fabric substrate (Col 4 Lines 1—11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Martin (directed to a fabric substrate provided with a head and foot portion secured to a first and second side portion) and Trimble (directed to a fabric substrate provided with a head portion disposed along a bottom surface of the fabric) and arrived at a fabric substrate provided with a head portion disposed along a bottom surface of the fabric . One of ordinary skill in the art would have been motivated to make such a combination to produce a first pouch that is sized and positioned to encompass the mattress first end as taught in Trimble (Col 4 Lines 1—11).
As per claim 2, Martin (as modified) teaches: The cover of claim 1.
Martin does not teach, wherein the at least a portion of the head portion of the cover is folded backwards towards the bottom surface of the fabric substrate.
Trimble teaches wherein the at least a portion of the head portion of the cover is folded backwards towards the bottom surface of the fabric substrate (14—Fig.2; Col 4 Lines 1—11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Martin (directed to a fabric substrate provided with a head and foot portion secured to a first and second side portion) and Trimble (directed to a fabric substrate provided with a head portion disposed along a bottom surface of the fabric) and arrived at a fabric substrate provided with a head portion disposed along a bottom surface of the fabric . One of ordinary skill in the art would have been motivated to make such a combination to produce a first pouch that is sized and positioned to encompass the mattress first end as taught in Trimble (Col 4 Lines 1—11).
As per claim 4, Martin (as modified) teaches:
The cover of claim 1, wherein a depth of the foot portion is equal to a depth of the first side portion and the second side portion (annotated Fig. 3 above).
As per claim 6, Martin (as modified) teaches:
The cover of claim 1, wherein the cover is at least one of a mattress cover, a flat sheet, a duvet, a top sheet, a mock duvet, a duvet cover, bed skirt, contour sheet, fitted sheet, blanket, pillow sham, or article cover (para [0064]).
As per claim 7, Martin (as modified) teaches:
The cover of claim 1, wherein the cover is configured to cover at least one of a fabric case filled with fillers, mattress used as a bed by itself, a mattress used on a bedstead, a water bed, an air bed, a tuffet, mattress, box spring, couch cushion, chair cushion, pillow, stuffed article, filled article, sofa cushion, or love seat cushion (para [0064]).
As per claim 8, Martin (as modified) teaches: The cover of claim 1,
wherein the first side portion and the second side portion each have a depth that is approximately equal to a depth of a mattress (148, 150, 152 & 154-Fig.4; para [0062]), wherein the foot portion is longer than the depth of the mattress and is configured to be tucked under the mattress (para [0060]: foot portion may extend beyond the mattress).
As per claim 9, Martin teaches:
A method of making a cover (100 &102-Fig.1; para [0064]), the method comprising:
cutting at least two shaped cutouts (110 & 112-Fig.3; para [0060]) at two adjacent corners of a fabric substrate (100 &102-Fig.1; para [0064]) to cause the fabric substrate to have a top surface (annotated Fig.3: top surface), a foot portion (annotated Fig.3: above), a first side portion, and a second side portion (annotated Fig.3: above);
sewing or stitching at least a portion of a first edge of the foot portion together with at least a portion of a first edge of the first side portion (126 & 132-Fig.3; para [0061]);
sewing or stitching at least a portion of a second edge of the foot portion together with at least a portion of a first edge of the second side portion (126 & 132-Fig.3; para [0061]); and
sewing or stitching at least a portion of a first edge of the head portion of the cover together with an outer edge of the first side portion (144 & 148-Fig.3; para [0060]) and sewing or stitching at least a portion of a second edge of the head portion together with an outer edge of the second side portion (144 & 148-Fig.3; para [0060]) .
Martin does not teach; disposing at least a portion of a head portion of the cover along a bottom surface of the fabric substrate [sewing or stitching at least a portion of a second edge of the head portion together] to retain the at least a portion of the head portion disposed along the bottom surface of the fabric substrate , wherein at least a portion of a top edge of the head portion is not stitched or sewn to the fabric substrate.
Trimble teaches disposing at least a portion of a head portion of the cover along a bottom surface of the fabric substrate (14—Fig.2; Col 4 Lines 1—11) [sewing or stitching at least a portion of a second edge of the head portion together] to retain the at least a portion of the head portion disposed along the bottom surface of the fabric substrate (Col 4 Lines 1—11) , wherein at least a portion of a top edge of the head portion is not stitched or sewn to the fabric substrate (Col 4 Lines 1—11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Martin (directed to a fabric substrate provided with a head and foot portion secured to a first and second side portion) and Trimble (directed to a fabric substrate provided with a head portion disposed along a bottom surface of the fabric) and arrived at a fabric substrate provided with a head portion disposed along a bottom surface of the fabric. One of ordinary skill in the art would have been motivated to make such a combination to produce a first pouch that is sized and positioned to encompass the mattress first end as taught in Trimble (Col 4 Lines 1—11).
As per claim 10, Martin (as modified) teaches: The method of claim 9.
Martin does not teach, wherein the disposing of the at least a portion of the head portion of the cover along the bottom surface of the fabric substrate comprises causing the at least a portion of the head portion of the cover to be folded backwards towards the bottom surface of the fabric substrate.
Trimble teaches wherein the disposing of the at least a portion of the head portion of the cover along the bottom surface of the fabric substrate comprises causing the at least a portion of the head portion of the cover to be folded backwards towards the bottom surface of the fabric substrate (14—Fig.2; Col 4 Lines 1—11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Martin (directed to a fabric substrate provided with a head and foot portion secured to a first and second side portion) and Trimble (directed to a fabric substrate provided with a head portion disposed along a bottom surface of the fabric) and arrived at a fabric substrate provided with a head portion disposed along a bottom surface of the fabric. One of ordinary skill in the art would have been motivated to make such a combination to produce a first pouch that is sized and positioned to encompass the mattress first end as taught in Trimble (Col 4 Lines 1—11).
As per claim 12, Martin (as modified) teaches:
The method of claim 9, wherein a depth of the foot portion is equal to a depth of the first side portion and the second side portion (annotated Fig. 3 above).
As per claim 14, Martin (as modified) teaches:
The method of claim 9, wherein the cover is at least one of a mattress cover, a flat sheet, a duvet, a top sheet, a mock duvet, a duvet cover, bed skirt, contour sheet, fitted sheet, blanket, pillow sham, or article cover (para [0064]).
As per claim 15, Martin (as modified) teaches:
The method of claim 9, wherein the cover is configured to cover at least one of a fabric case filled with fillers, mattress used as a bed by itself, a mattress used on a bedstead, a water bed, an air bed, a tuffet, mattress, box spring, couch cushion, chair cushion, pillow, stuffed article, filled article, sofa cushion, or love seat cushion (para [0064]).
As per claim 16, Martin (as modified) teaches:
The method of claim 9, wherein the first side portion and the second side portion each have a depth that is equal to a depth of a mattress (148, 150, 152 & 154-Fig.4; para [0062]), wherein the foot portion is longer than the depth of the mattress and is configured to be tucked under the mattress (para [0060]: foot portion may extend beyond the mattress).
As per claim 17, Martin teaches:
A cover comprising: a fabric substrate (100 &102-Fig.1; para [0064]) comprising a top surface (annotated Fig. 3: top surface), a foot portion (annotated Fig. 3 above), a first side portion (annotated Fig. 3 above), and a second side portion (annotated Fig. 3: above), and
at least a portion of a first edge of the head portion is stitched or sewn together with an outer edge of the first side portion (144 & 148-Fig.3; para [0060]) and
at least a portion of a second edge of the head portion is stitched or sewn together with an outer edge of the second side portion (144 & 148-Fig.3; para [0060]).
Martin does not teach: wherein: at least a portion of a head portion of the cover is folded backwards towards a bottom surface of the fabric substrate; to retain the at least a portion of the head portion disposed in a folded position ; and at least a portion of a top edge of the head portion is not stitched or sewn to the fabric substrate.
Trimble teaches wherein: at least a portion of a head portion of the cover is folded backwards towards a bottom surface of the fabric substrate (14—Fig.2; Col 4 Lines 1—11); to retain the at least a portion of the head portion disposed in a folded position (Col 4 Lines 1—11) ; and at least a portion of a top edge of the head portion is not stitched or sewn to the fabric substrate (Col 4 Lines 1—11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Martin (directed to a fabric substrate provided with a head and foot portion secured to a first and second side portion) and Trimble (directed to a fabric substrate provided with a head portion disposed along a bottom surface of the fabric) and arrived at a fabric substrate provided with a head portion disposed along a bottom surface of the fabric. One of ordinary skill in the art would have been motivated to make such a combination to produce a first pouch that is sized and positioned to encompass the mattress first end as taught in Trimble (Col 4 Lines 1—11).
As per claim 18, Martin (as modified) teaches:
The cover of claim 17, wherein: at least a portion of a first edge of the foot portion is stitched or sewn together with at least a portion of a first edge of the first side portion (126 & 132-Fig.3; para [0061]); and at least a portion of a second edge of the foot portion is stitched or sewn together with at least a portion of a first edge of the second side portion (126 & 132-Fig.3; para [0061]).
As per claim 19, Martin (as modified) teaches:
The cover of claim 17, wherein: the cover is at least one of a mattress cover, a flat sheet, a duvet, a top sheet, a mock duvet, a duvet cover, bed skirt, contour sheet, fitted sheet, blanket, pillow sham, or article cover (para [0064]); and the cover is configured to cover at least one of a fabric case filled with fillers, mattress used as a bed by itself, a mattress used on a bedstead, a water bed, an air bed, a tuffet, mattress, box spring, couch cushion, chair cushion, pillow, stuffed article, filled article, sofa cushion, or love seat cushion (para [0064]).
As per claim 20, Martin (as modified) teaches:
The cover of claim 17, wherein the first side portion and the second side portion each have a depth that is equal to a depth of a mattress (148, 150, 152 & 154-Fig.4; para [0062]), wherein the foot portion is longer than the depth of the mattress and is configured to be tucked under the mattress (para [0060]: foot portion may extend beyond the mattress).
Claim(s) 3, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2018/0360227 A1 to Martin in view of U.S Patent 6,539,565 B1 to Trimble in view of FR 2814655 A1 to Deloison (Deloison hereafter).
As per claim 3, Martin (as modified) teaches: The cover of claim 1.
Martin does not teach, wherein a depth of the foot portion is greater than a depth of the first side portion and the second side portion.
Deloison teaches: wherein a depth of the foot portion is greater than a depth of the first side portion and the second side portion (see 15—Fig.1: foot portion 12 greater than the length of first second side portion 10 & 11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have replaced the head portion Martin (directed to a bed sheet with a head portion including cutout corners) and Trimble (directed to a fabric substrate provided with a head portion disposed along a bottom surface of the fabric) and Deloison (directed to bed cover having a depth of the foot portion is greater than the length of the first side portion and second side portion) resulting in a head portion of a fabric substrate s and at least a portion of first edge of the head portion stitched or sewn together with a second edge of the first side portion, the head portion including a second edge of the head portion that is stitched or sewn together with a second edge of the second side portion. One of ordinary skill in the art would have been motivated to make such a combination with the motivation of providing a duvet cover including a foot portion which fits under the mattress as taught in Deloison (abstract).
As per claim 11, Martin (as modified) teaches: The method of claim 9.
Martin does not teach, wherein a depth of the foot portion is greater than a depth of the first side portion and the second side portion.
Deloison teaches: wherein a depth of the foot portion is greater than a depth of the first side portion and the second side portion (see 15—Fig.1: foot portion 12 greater than the length of first second side portion 10 & 11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have replaced the head portion Martin (directed to a bed sheet with a head portion including cutout corners) and Trimble (directed to a fabric substrate provided with a head portion disposed along a bottom surface of the fabric) and Deloison (directed to bed cover having a depth of the foot portion is greater than the length of the first side portion and second side portion) resulting in a head portion of a fabric substrate s and at least a portion of first edge of the head portion stitched or sewn together with a second edge of the first side portion, the head portion including a second edge of the head portion that is stitched or sewn together with a second edge of the second side portion. One of ordinary skill in the art would have been motivated to make such a combination with the motivation of providing a duvet cover including a foot portion which fits under the mattress as taught in Deloison (abstract).
Claim(s) 5, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2018/0360227 A1 to Martin in view of U.S Patent 6,539,565 B1 to Trimble in view of U.S Patent 4,461,048 A to Allaire (Allaire hereafter).
As per claim 5, Martin (as modified) teaches: The cover of claim 1.
Martin does not teach, wherein a depth of the foot portion is less than a depth of the first side portion and the second side portion.
Allaire teaches, wherein a depth of the foot portion is less than a depth of the first side portion and the second side portion (see 13—Fig.1; examiner note).
Note: The examiner considers the foot portion's (13) depth as element C. Element C measures 6.5 inches as described in Col 4 lines 45 - 50. The examiner considers the first (15 & 17) and second side portions (14 & 16) as elements (C & D) which collectively measures 12.5 inches see Col 3 lines 17 - 20).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have replaced the head portion Martin (directed to a bed sheet with a head portion including cutout corners) and Trimble (directed to a fabric substrate provided with a head portion disposed along a bottom surface of the fabric) and Allaire (directed to a mattress cover including a depth of the foot portion is lesser than a depth of the first side portion and second side portion) resulting in a head portion of a fabric substrate with no cut outs and at least a portion of first edge of the head portion stitched or sewn together with a second edge of the first side portion, the head portion including a second edge of the head portion that is stitched or sewn together with a second edge of the second side portion. One of ordinary skill in the art would have been motivated to make such a combination with the motivation of providing a sheet with side portions that may be tucked underneath the mattress as taught in Allaire (see Col 3 lines 48 - 50).
As per claim 13, Martin (as modified) teaches: The method of claim 9.
Martin teach, wherein a depth of the foot portion is less than a depth of the first side portion and the second side portion.
Allaire teaches, wherein a depth of the foot portion is less than a depth of the first side portion and the second side portion (see 13—Fig.1; examiner note).
Note: The examiner considers the foot portion's (13) depth as element C. Element C measures 6.5 inches as described in Col 4 lines 45 - 50. The examiner considers the first (15 & 17) and second side portions (14 & 16) as elements (C & D) which collectively measures 12.5 inches see Col 3 lines 17 - 20).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have replaced the head portion Martin (directed to a bed sheet with a head portion including cutout corners) and Trimble (directed to a fabric substrate provided with a head portion disposed along a bottom surface of the fabric) and Allaire (directed to a mattress cover including a depth of the foot portion is lesser than a depth of the first side portion and second side portion) resulting in a head portion of a fabric substrate with no cut outs and at least a portion of first edge of the head portion stitched or sewn together with a second edge of the first side portion, the head portion including a second edge of the head portion that is stitched or sewn together with a second edge of the second side portion. One of ordinary skill in the art would have been motivated to make such a combination with the motivation of providing a sheet with side portions that may be tucked underneath the mattress as taught in Allaire (see Col 3 lines 48 - 50).
Response to Arguments
Applicant’s arguments, see pg.1—3, filed 07/02/2026, with respect to the rejection(s) of Claim(s) 1, 2, 4, 6—10, 12, 14—20 under 35 U.S.C 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S Patent Application 2018/0360227 A1 to Martin in view of U.S Patent 6,539,565 B1 to Trimble.
Applicant’s Arguments:
Regarding the Non-Final Rejection filed on 04/26/2026, the Applicant argues,
Regarding claims 1, 9 and 19, the applicant argues Martin as modified by Keith does not teach at least a portion of a first and second edge of the head portion of the cover stitched or sewn to an outer edge of the first and second side portions wherein at least a portion of a top edge of the head portion is not stitched or sewn to retain at least a portion of the head portion.
Examiner's Response to Arguments:
The examiner respectfully disagrees to the Applicant’s Arguments for the following reasons
1) Regard claims 1, 9 and 19 the examiner relies on the teachings of Martin as modified by Trimble to form the basis of the rejection. The examiner highlights that Martin as modified by the head portions of Trimble produces a sheet with at least a portion of a first and second edge of the head portion of the cover stitched or sewn to the first and second side portions wherein at least a portion of the top edge of the head portion is not stitched or sewn to retain at least a portion of the head portion. One of ordinary skill in the art would have been motivated to make such a combination to produce a first pouch that is sized and positioned to encompass the mattress first end as taught in Trimble (Col 4 Lines 1—11).
2)
3)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deborah T Gedeon whose telephone number is (571)272-8863. The examiner can normally be reached Mon - Fri 8:30am to 4:30pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.T.G./Examiner, Art Unit 3673 09/18/2026
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673
